PRATEEK MALIK & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 14.04.2014. On 03.08.2016, she lodged first information report (FIR) no.237/2016 with police station Preet Vihar, alleging offences punishable under Sec. 498A, 406 and 34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his father (second petitioner), his mother (third petitioner), his sister (fourth petitioner), and husband of the said sister (fifth petitioner), the last two being residents of United States of America (USA) and being represented in these proceedings through their attorney.

(2.) On conclusion of the investigation, police filed report (chargesheet) under Sec. 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate. In due course, the parties agreed to amicably resolve the matter by entering into a memorandum of understating (MOU) dated 10.05.2017, whereby they agreed to amicably resolve the dispute, in terms of which the parties were to approach, as per the timelines indicated, the appropriate forum for obtaining a decree of divorce, they also having agreed, inter alia, for the criminal case arising out of the aforementioned FIR. to be sought to be quashed.

(3.) The petition, thus, has been moved before this court invoking Art. 227 of the Constitution of India and Sec. 482 Cr. PC seeking quashing of the FIR. No.237/2016, under Sections 498A, 406 and 34 Penal Code of Police Station Preet Vihar.